Patna High Court
Vikash Yadav alias Vikash DattversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that anticipatory bail could be granted, subject to bond and surety conditions, as the allegations did not preclude the exercise of jurisdiction under Section 482(2) of the BNSS.
Summary
The Patna High Court considered an application for anticipatory bail filed by Vikash Yadav in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for alleged possession and illicit sale of 109.115 litres of foreign liquor. The petitioner argued that the accusations were based on hostile villagers’ statements, that procedural requirements under Sections 103 and 105 of the Bhartiya Nagrik Suraksha Sanhita (BNSS) were not complied with, and that the recovered liquor was not on his property. The State opposed the bail, contending the seriousness of the offence. After hearing both sides, the Court granted anticipatory bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order directs that the bail be effected if the petitioner is arrested or surrenders within six weeks, and the bail must be approved by the Exclusive Special Excise Court No. 2, Gayaji.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in a case of alleged illegal liquor possession.
- Whether the procedural requirements of Sections 103 and 105 of the BNSS were complied with in making the petitioner an accused.
- Whether the recovery of liquor from the Gumti implicates the petitioner’s ownership of the property.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 103, 105, 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- anticipatory bail
- illegal liquor
- Section 30
- Section 482
- BNSS
- excise law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34450 of 2026
Arising Out of PS. Case No.-127 Year-2026 Thana- BELAGANJ District- Gaya
======================================================
Vikash Yadav alias Vikash Datt Son of Baldev Yadav Resident of Village-
Kabirpur, P.S.- Belaganj, District- Gaya.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Mrs. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Belaganj P.S. Case No. 127 of 2026, registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Amendment Act.
3. As per allegation, 109.115 liters of foreign liquor
and beer were recovered from a Gumti near the railway track. It
has been further alleged that the petitioner and others are
engaged in illicit sale of liquor and such fact was disclosed by
the local villagers.
4. Learned counsel for the petitioner has submitted
that the petitioner has been made accused on the basis of
statement of local villagers, who are on inimical terms with the
petitioner and since the petitioner is accused in two other cases,
Patna High Court CR. MISC. No.34450 of 2026(2) dt.19-05-2026
2/2
the police, in order to screen themselves from investigation,
have falsely made the petitioner an accused in this case. It has
further been submitted that the procedure prescribed under
Sections 103 and 105 of the BNSS have not been followed. It
has further been submitted that the Gumti, in question, from
where alleged recovery has been made, does not belong to the
petitioner and a statement to this effect has been specifically
made in paragraph 10 of the anticipatory bail application.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Excise Court No. 2, Gayaji, in
connection with Belaganj P.S. Case No. 127 of 2026, subject to
the conditions as laid down under Section 482(2) of the Bhartiya
Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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